New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-10-22

ing wsre made Sir Bsohss knowledge and consent
and that Sir BAche while willing to pocket the profits,
wishes to saddle Mr. Frsnoklyn with all the Losses.
This will probably DO the ground Of Mr. Frauckyns ds
fence
STORIES TOLD BY HE AFFIDAV1TS.
Tho papers which the complaint is founded were
filed yesterday stripped Of much legal phrasseogy the
following is story told in the frat affidavit made by
Messrs whitlock & 5imonds OF No. 40 wallst. the
attorneys for Sir Blcho Cunard Thor client thoy say
was the OF estate consisting of bonds AM ether
securities and cash valued altogether at Sl.OOOOO0 On
September 81, 1872. he employed Charles g. Franckyn
as col Adenta agent this country manage and in
vest the property Mr. Franekiyn held t1's po,ition
Bache Cun.ri place in his hands additional 100000
IN cash to 'aye,t Tor nm GA Juv /, iSSo 9 cnrttas
and cash belonging to him t5ir Bache,. ,..,.,r. 40
on ,september 20. 1888. Mr. F'ancklyn 40
OF about sss5o5o '' after that according
to the affidavit the defendant has negisc'e "a
the plaintiff the remainder OF the sail securities and the
whsreo nj, tns nan Isneat against the
defendant. Charles G Fraucsyn; FOR the sum I'm OF
S3O00OjO with interest aud with the costs OF the ao-
In a much longer affidavit Mr.. Il. whitlock. the
senior member Blches attorneys, tolls the story
OF the transactions Sir Bache and Mr. francH-
Ign. behalf of sir Bache ALLEGING that a, Tue IS
absent at his country residence IN the county OF
Lecestershiro England. it would occasion much delay
to yet nj FROM direct This affidavit sates
that in 1872 Mr. Faucklyn executor OF 1.-The last
will and testament OF sir Edward Cunard. Bart
and then procesds reeite as was told IN inc
affidavit. how SIR Bache lntrused NJ Franckyn WIN
about 81 900. in 1872 and in 1883 with Slooooo
which was sir portion of the personal estate or
his brother. sir Edward Cunard
Mr.. FRANCKLYN FAILS 70 SELL SECURITIES
In the early part OF 1885 Sir Bachs "havins occasion
TO use a large amount of the principal of his property
cabled from England to Mr. Francklyn to soil some or
the securities held for Sir Bache and transmit
the Mr.. Franckyn failed to do this Ihsreupon'
some time in the month OF June. 49, Sir Bache came
New-YorS to tax matters over with "ir' frahe"yn
and demanded OF him accounting and delivery OF
fs securities and cash in his hands At that time so
saws the AFFIDAVIT. admitted aud assorted to
plaintiff that he had taken an converted 10 MS own use
had sold hypohecaed for his own purposes BONUS
and other securities sad money TO tho extent OF over
100000 value and that he was unable TO deliver hat
Mr. franck,n at that time requested Sir Bache not
to take any legal proceodns In the matte :. 1Se
facts the would bs able To repay the amounts
a, ht tas lme upon Unwilling to disgrace relation SIR
Bache "foreborc to take any legal procSednss.
thoriHed f" hi, Irober. Gordon CGuari. to demand
s G on
ing according the rate at which they were cnarsra
S32365o" lie also delivered to Gordon Cunard two W,
statements one p%rporn; to be sh.s
and the other saismcht of his oSH sr, a had
among the entries the following:
Dus from FrancKyn: Bonds sold and 10 be 800. .-o,-
Iosg Branch water stock pledged 1900
pledged IN loan i91ooV "
Loan account, G. e. lo-sII %
ro,,, ..... . sos 3s6 IS
This entry was also contsired: There is due to sir
j. Cupard. on acco mt OF Edward Cuhard estate; 81 ID
Cuuards share Of 100000. with interest from NoVem
Der, 1854"
WHAT An ACCOUNTANT FOUND IN THE BOOKS
On August 81 1887. Francklyn to SIR Bache a
journal and a lenger in his tFrancklynS handwriting
in which he had kept his accounts with Sir Bach9,
These hooks placed i'll the hands OF expert ac
countant BENJAMIN L. Hannah, who reported after an
luSiV az Al
their par value the sum OF el2o3o3 - besides
$3.50 in cash. exclusive OF any iaerest charges s
remain unacc0unted for in Frauckiyns hands
expert reported further indeb mess Ia favor OF
Ser Ss.ns s%@ag s a E% %arcs 2o
Ign subscribed for Cu.srds account TO " at least 5aSt
Company and pad for them ID CASH from MONEYS I've.
longing Is: to sD sr b- q" the n pas That they
were made account Of these subscriptions sunSe.
innraa and edcer by when tho account in the ledger
with the balanced by leaving therein 10 be ac
the balance Of the subscription as the Municipal
Gas Light Company for the construction OF ,n woaHs
Court"
STOCK EXCHANGED FOR INDEBTEDNESS.
BY this operation according TO the expert accountant
Sir deprived of at least 24G7 shares OF said
capital stock for which he received the simple
Indebtedness of the company which appears by the
been sbseq Ieatiy Transferred to the debt
Of loan which the defendant had opened with
himself
The expert further reported as result OF his exanna
ton that between the months Of February 1879. and
January. $50 dividends amounting 10 ol 1000 were
paid upon the 900 shares allowed by Tue 70
ZOO shares of the stock OF the
Mnpicipa Gas iisht Company. of wAicn the plaintiff
was deprived would, at the same rate have amounted
to S3l4542 80. The shares OF stock o. inc SonsS.
dated Gas Company which the piannh, @eu h nav "
the Municipal Ga. Light Companvs stock. would at the
same rate have amounted 10 DAP shares which cS'cu
lated at their par yn9s ,S OF sioo per 'hA'0 "Ou'
Mr. Whltlock contnuin. his affidavit. states that " no
panys stock nor s3l4542 80 Of dividends nor OF
the o4 s s.es IL eS BY so the
th but thai tho same has been retained ana cohVefe"
by the defendant 10 his own use ., ~, u-,t.
lock concludes that by them SIR Baene WAS trandneny
depryed "by FrancklyD OF al least S331242 90, ei-
elusive of interest He alleges further that this toa
in connection with the value OF ssc.Tle sor ana la
the defendants hands. shows grand ,ota OF q.
Interest which the defendant has retained ana CON
MI WS,tiocK ADDS that on August g 1887 he had
interview with Mr.. Francklys who then adj mited tnst
he had taken the create PoIoG Oh s wb.h he
ranckyn had hypothecated had been sold for the pay
ment of various oaas which he had obtained on them
GAS STOCK sPECULATIONs REVIEWED.
Next follows the affidavit of Benjamin l. Hannah the
e1pert accountant of No 40 walst referred to In Mr.
Whtock's affidavit who examined The books containing
Mr. Franeklyn's account with Sir Bache Cunard lie re-
laes, with details but TO the same escI as
in Mr. whtlock's affidavit. what he discovers ,s
about Mr. Francklyns gas stock sptculations
ana concludes by expressing the opinion tha'
the entry whereby the subserlpuen 10 ths
Municipal Gas Light Csmpanys stock was made to ait
pear as "a loan the face Of the books and h me
absence OF proper explanation by the deendaLts rAnd
ucnt, and made wi ID the intent to deprive the psnu o.
said dividen and that the SAID entry IS capa
BILE OF other construction
CERTAIN TO MAKE EVERYTHING PLAIN.
THE PRISONERS COUNSEL PREPARING Ills DEFENCE
FRIENDS OFFER TO BE BONDSMEN.
Ar Main an,a III lu